UNITED STATES HISTORY AND THE CONSTITUTION Standard USHC-1: The student will demonstrate an understanding of the conflicts between regional and national interest in the development of democracy in the United States.

Indicator 1.5

USHC 1.5 • Explain how the fundamental principle of limited government is protected by the Constitution and the Bill of Rights, including democracy, republicanism, federalism, the separation of powers, the system of checks and balances, and individual rights

What is meant by “limited government”? • Limited government means the government must be controlled so that it cannot infringe on the rights of the people

• The Constitution establishes a democracy • Under the Constitution, the power of the national government is limited

Limited Government -continued • The fundamental principle of

democracy is that the government derives (gets) its power from the consent of the governed

• Example: “We the People…do ordain and establish this Constitution.”

What is meant by “republicanism”?

• Ultimate governing authority rests

with the voters • American voters will be represented by elected legislators • These elected legislators make decisions that are in the best interest of their voters

What is meant by “federalism”? • Federalism is a principle that limits the power of the national government by dividing the power between local, state, and the national government

• IT’S A SAFEGUARD!!!!! • “Delegated Powers” are the powers that the Constitution gives to the National Government

Federalism- continued • Articles 1,2,3 • Other powers are “reserved” for the states—Amendment 10

• Powers that the National Government & States share are “concurrent powers” Example: to tax

Separation of Powers • Taking all the power that belongs to the national government and dividing it into 3 separate branches

Legislative Branch • Made up of CONGRESS = House & Senate

*Makes laws *Article I

Executive Branch • Made up of the President, VP, and President’s Cabinet

• Enforces laws • Article 2

Judicial Branch • Made up of

Supreme Court and Lower Federal Courts

• Interprets laws • Article 3

USHC-1.7 • Summarize the expansion of the power of the national government as a result of Supreme Court decisions under Chief Justice John Marshall, such as the establishment of judicial review in Marbury v. Madison and the impact of political party affiliation on the Court

Judicial Review

V. MARBURY

MADISON

Jefferson

John Marshall

William Marbury

James Madison

Judicial Review

• Judicial Review is the power of the Supreme Court to declare a law unconstitutional

• No other court has this power! • Law is thrown out!!!!

Checks & Balances • System created to keep one branch of government from becoming more powerful than the others

Checks on Legislative Branch *Makes laws *Congress = House of Representatives & Senate

• President can “veto” laws

(bills) • Supreme Court can declare a law unconstitutional • President can call a “special session” of Congress

Checks on Executive Branch *Enforces laws *President, VP, & President’s Cabinet • President’s veto can be overridden with a 2/3’s vote from Congress

• Supreme Court can declare a law unconstitutional • President appoints all diplomats, ambassadors, department heads, and federal court judges, BUT the SENATE has final approval of those appointments

More Checks on Executive Branch *Enforces laws *President, VP, & President’s Cabinet • President negotiates treaties, BUT the SENATE has final approval

• President can be impeached

Checks on Judicial Branch *Interprets laws *Supreme Court & Lower Federal Courts • All federal court judges are appointed by the President • Senate has final confirmation of ALL federal court judges who are appointed

More Checks on Judicial Branch *Interprets laws *Supreme Court & Lower Federal Courts • Congress sets number of Supreme Court judges =9

• Congress can add an amendment to the Constitution to override a Supreme Court decision

• Judges can be impeached

Individual Rights • Protected by the Bill of Rights--Amendments 1-10

• 1st- Free religion, speech, press, petition • 2nd- Bear Arms • 3rd- No quartering troops

Bill of Rights Individual Rights • • • •

4th- Unreasonable search and seizure 5th- Double jeopardy, self incrimination 6th- Trial by jury 8th- Excessive bail, cruel and unusual punishment